HB 751

1
A bill to be entitled
2An act relating to prescription drug wholesale
3regulations; amending s. 499.01, F.S.; requiring the
4Department of Health to issue a permit by endorsement
5to an out-of-state prescription drug wholesale
6distributor that meets certain requirements;
7authorizing out-of-state wholesale distributors
8holding a valid permit to continue to operate under
9that permit until its expiration; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (e) of subsection (2) of section
15499.01, Florida Statutes, is amended to read:
16     499.01  Permits.-
17     (2)  The following permits are established:
18     (e)  Out-of-state prescription drug wholesale distributor
19permit.-An out-of-state prescription drug wholesale distributor
20is a wholesale distributor located outside this state which
21engages in the wholesale distribution of prescription drugs into
22this state and which must be permitted by the department and
23comply with all the provisions required of a wholesale
24distributor under this part. An out-of-state prescription drug
25wholesale distributor that applies to the department for a new
26permit or the renewal of a permit must submit a bond of
27$100,000, or other equivalent means of security acceptable to
28the department, such as an irrevocable letter of credit or a
29deposit in a trust account or financial institution, payable to
30the Florida Drug, Device, and Cosmetic Trust Fund. The purpose
31of the bond is to secure payment of any administrative penalties
32imposed by the department and any fees and costs incurred by the
33department regarding that permit which are authorized under
34state law and which the permittee fails to pay 30 days after the
35fine or costs become final. The department may make a claim
36against such bond or security until 1 year after the permittee's
37license ceases to be valid or until 60 days after any
38administrative or legal proceeding authorized in this part which
39involves the permittee is concluded, including any appeal,
40whichever occurs later.
41     1.  The out-of-state prescription drug wholesale
42distributor must maintain at all times a license or permit to
43engage in the wholesale distribution of prescription drugs in
44compliance with laws of the state in which it is a resident. The
45department shall issue an out-of-state permit by endorsement to
46an applicant who, upon applying to the department and remitting
47a filing fee, set by the board, demonstrates to the board that
48the applicant satisfies the requirements of this chapter and
49holds a valid drug wholesale distributor license or permit from
50another state. An out-of state prescription drug wholesale
51distributor that holds a valid permit under this chapter on the
52effective date of this act may continue to operate under that
53permit until its expiration, after which the distributor may
54apply for a permit by endorsement as provided in this
55subparagraph.
56     2.  An out-of-state prescription drug wholesale distributor
57permit is not required for an intracompany sale or transfer of a
58prescription drug from an out-of-state establishment that is
59duly licensed as a prescription drug wholesale distributor, in
60its state of residence, to a licensed prescription drug
61wholesale distributor in this state, if both wholesale
62distributors conduct wholesale distributions of prescription
63drugs under the same business name. The recordkeeping
64requirements of ss. 499.0121(6) and 499.01212 must be followed
65for this transaction.
66     Section 2.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.